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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS CERVANTES, No. 1:22-cv-00175-KES-SKO (HC) 12 Petitioner, ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS

13 (Doc. 33)

14 v. ORDER GRANTING IN PART

RESPONDENT’S MOTION TO DISMISS

15 GROUND FIVE, AND GRANTING

RESPONDENT’S MOTION TO DISMISS

16 GROUND SIX, FROM THE FIRST TAMMY CAMPBELL, Acting Warden,1 AMENDED PETITION 17 Respondent. ORDER DECLINING TO ISSUE 18 CERTIFICATE OF APPEALABILITY AND

REFERRING MATTER BACK TO THE

19 MAGISTRATE JUDGE FOR FURTHER

PROCEEDINGS

20 21 Petitioner Carlos Cervantes is a state prisoner proceeding on a first amended petition for 22 writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 21.) He is represented in this action 23 by Aaron Spolin, Esq. This matter was referred to a United States Magistrate Judge pursuant to 24 28 U.S.C. § 636(b)(1)(B)…